Democracy & Judicial Controlling in Jordan: A Constitutional Study

Muddather Abu- Karaki, Raed S. A Faqir, Majed Ahmad K. Marashdah

Abstract

The establishment of the constitutional courts is regarded as the main demand for democratic states; the regular courts and high court of justice in Jordan have delivered many several decisions that insist on the issue of judicial review on the constitutionality of law and administrative actions. The present study comprises a number of sections. The first section, general notion on democracy and judicial controlling in Jordan, is statement of the study problems, purposes and significance of the study and the methodology applied by the researchers. Democracy under the constitution of Jordan and the main features of democracy in this constitution are undertaken in the second section.

The third section aims to acquaint the reader with the structure of the judiciary and the national standers pertaining to judicial independence and rule of law in Jordan. The fourth section evaluates the judicial review under the constitution of Jordan and the national charter, while section five examines respectively the role of judiciary in defending human rights of Jordanian citizens and the norms of judicial independence and rule of law in Jordan. The sixth section highlights the issue of constitutional court and the judicial reform in Jordan. The subject of judicial review, control of the constitutionality laws and types of the constitutional review as well judiciary's attitude towards judicial review in Jordan is discussed deeply in the seventh section. Finally, section eight, conclusion and recommendation to the issue of democracy and judicial controlling in Jordan.

This study suggests that the violable constitutional court in Jordan should be provided by the constitution as it is included in the national charter, 1992 which requires a new constitutional amendment. The court should be completely independent and separated from any type of controlling of other courts, either regular or administrative. It also recommends that the court should be interlay constituted from experienced, impartial and talented judges with long term of service and should exercise equally progressive role in intervening power politics and that more precautions may be taken for the court.

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